Approval and Promulgation of Air Quality Implementation Plans; Pennsylvania; Approval of VOC and NOINFX/INF RACT Determinations for Individual Sources

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[PA-4081a; FRL-6184-2]

Approval and Promulgation of Air Quality Implementation Plans;

Pennsylvania; Approval of VOC and NOX RACT Determinations

for Individual Sources

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is approving a State Implementation Plan (SIP) revision

submitted by the Commonwealth of Pennsylvania. This revision

establishes and requires volatile organic compounds (VOC) and nitrogen

oxides (NOX) reasonably available control technology (RACT)

for 16 major sources located in Pennsylvania. The intended effect of

this rule is to approve source-specific plan approvals and operating

permits that establish the above-mentioned RACT requirements in

accordance with the Clean Air Act.

DATES: This direct final rule is effective without further notice on

January 5, 1999, unless EPA receives adverse written comment by

December 7, 1998. Should EPA receive such comments, it will publish a

timely withdrawal of the direct final rule in the Federal Register and

inform the public that the rule will not take effect.

ADDRESSES: Comments may be mailed to David Campbell, Air Protection

Division, Mailcode 3AP11, U.S. Environmental Protection Agency, Region

III, 1650 Arch Street, Philadelphia, Pennsylvania 19103. Copies of the

documents relevant to this action are available for public inspection

during normal business hours at the Air Protection Division, U.S.

Environmental Protection Agency, Region III, 1650 Arch Street,

Philadelphia, Pennsylvania 19103; the Air and Radiation Docket and

Information Center, U.S. Environmental Protection Agency, 401 M Street,

SW, Washington, DC 20460; Pennsylvania Department of Environmental

Protection, Bureau of Air Quality Control, P.O. Box 8468, 400 Market

Street, Harrisburg, Pennsylvania 17105.

FOR FURTHER INFORMATION CONTACT: David Campbell, (215) 814-2196, at the

EPA Region III office or via e-mail at campbell.daveepamail.epa.gov.

While information may be requested via e-mail, any comments must be

submitted in writing to the above Region III address.

[[Page 59885]]

SUPPLEMENTARY INFORMATION:

I. Background

On April 20, May 29, and July 24, 1998, the Commonwealth of

Pennsylvania submitted formal revisions to its State Implementation

Plan (SIP). Each source subject to this rulemaking will be identified

and discussed below. Any plan approvals and operating permits submitted

coincidentally with those being approved in this document, and not

identified below, will be addressed in a separate rulemaking action.

Pursuant to sections 182(b)(2) and 182(f) of the Clean Air Act

(CAA), Pennsylvania is required to implement RACT for all major VOC and

NOX sources by no later than May 31, 1995. The major source

size is determined by its location, the classification of that area and

whether it is located in the ozone transport region (OTR), which is

established by the CAA. The Pennsylvania portion of the Philadelphia

ozone nonattainment area consists of Bucks, Chester, Delaware,

Montgomery, and Philadelphia Counties and is classified as severe. The

remaining counties in Pennsylvania are classified as either moderate or

marginal nonattainment areas or are designated attainment for ozone.

However, under section 184 of the CAA, at a minimum, moderate ozone

nonattainment area requirements (including RACT as specified in

sections 182(b)(2) and 182(f)) apply throughout the OTR. Therefore,

RACT is applicable statewide in Pennsylvania. The Pennsylvania

submittals that are the subject of this document are meant to satisfy

the RACT requirements for 16 sources in Pennsylvania.

Summary of SIP Revision

The details of the RACT requirements for the source-specific plan

approvals and operating permits can be found in the docket and

accompanying technical support document (TSD) and will not be

reiterated in this document. Briefly, EPA is approving a revision to

the Pennsylvania SIP pertaining to the determination of RACT for 16

major sources. Several of the plan approvals and operating permits

contain conditions irrelevant to the determination of VOC or

NOX RACT. Consequently, these provisions are not being

included in this approval for source-specific VOC or NOX

RACT.

RACT Determinations

The following table identifies the individual plan approvals and

operating permits EPA is approving. The specific emission limitations

and other RACT requirements for these sources are summarized in the

accompanying technical support document, which is available upon

further request from the EPA Region III office listed in the ADDRESSES

section of this document.

Pennsylvania--VOC and NOX. Ract Determinations for Individual Sources

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Plan approval (PA ``Major

Source County #) operating Source type source''

permit (OP #) pollutant

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Eldorado Properties Northumberland......... OP 49-0016 Petroleum storage VOC.

Corporation. and distribution.

Endura Products, Inc........ Bucks.................. OP 09-0028 Surface coating..... NOX. , VOC.

Ford Electronics & Montgomery............. OP 46-0036 Electronics NOX., VOC.

Refrigeration Company. manufacturing.

H&N Packaging, Inc.......... Bucks.................. OP 09-0038 Graphic arts........ VOC.

Lancaster County Solid Waste Lancaster.............. PA 36-2013 Municipal waste NOX.

Management Authority. combustion.

Monsey Products Company..... Chester................ OP 15-0031 Protective coatings VOC.

manufacturing.

Ortho-McNeil Pharmaceutical. Montgomery............. OP 46-0027 Pharmaceutical NOX., VOC.

manufacturing.

Piccari Press, Inc.......... Bucks.................. OP 09-0040 Graphic arts........ VOC.

Pierce and Stevens Chester................ OP 15-0011 Coatings and VOC.

Corporation. adhesives

manufacturing.

PQ Corporation.............. Delaware............... OP 23-0016 Flat glass NOX.

manufacturing.

Reynolds Metals Company..... Chester................ OP 15-0004 Graphic arts........ NOX., VOC.

Rhone-Poulenc Rorer Montgomery............. OP 46-0048B Pharmaceutical NOX., VOC.

Pharmaceuticals, Inc.. manufacturing.

Superior Tube Company....... Montgomery............. OP 46-0020 Steel tubing NOX., VOC.

manufacturing.

Uniform Tubes Company....... Montgomery............. OP 46-0046A Steel tubing VOC.

manufacturing.

U.S. Air Force--Willow Grove Montgomery............. OP 46-0072 Military NOX., VOC.

Air Reserve Station. installation.

U.S. Navy--Willow Grove Montgomery............. OP 46-0079 Military NOX., VOC.

Naval Air Station Joint installation.

Reserve Base.

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EPA is approving this rule without prior proposal because the

Agency views this as a noncontroversial submittal and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the rule should adverse

comments be filed. This rule will be effective January 5, 1999 without

further notice unless the Agency receives adverse comments by December

7, 1998.

If EPA receives such comments, then EPA will publish a document

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. EPA will not

institute a second comment period. Parties interested in commenting

should do so at this time. If no such comments are received, the public

is advised that this rule will be effective on January 5, 1999 and no

further action will be taken on the proposed rule. If adverse comments

are received that do not pertain to all paragraphs subject to this

rule, those paragraphs not affected by the adverse comments will be

finalized in the manner described here. Only those paragraphs that

receive adverse comments will be withdrawn in the manner described

here.

II. Final Action

EPA is approving 1 plan approval and 15 operating permits as

NOX and/or VOC RACT for 16 individual sources.

III. Administrative Requirements

A. Executive Order 12866

The Office of Management and Budget (OMB) has exempted this

regulatory action from review under E.O. 12866,

[[Page 59886]]

entitled ``Regulatory Planning and Review.''

B. Executive Order 12875

Under E.O. 12875, EPA may not issue a regulation that is not

required by statute and that creates a mandate upon a state, local, or

tribal government, unless the Federal government provides the funds

necessary to pay the direct compliance costs incurred by those

governments. If the mandate is unfunded, EPA must provide to the Office

of Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected state, local, and tribal

governments, the nature of their concerns, copies of written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, E.O. 12875 requires EPA to

develop an effective process permitting elected officials and other

representatives of state, local, and tribal governments ``to provide

meaningful and timely input in the development of regulatory proposals

containing significant unfunded mandates.'' Today's rule does not

create a mandate on state, local or tribal governments. The rule does

not impose any enforceable duties on these entities. Accordingly, the

requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

Executive Order 13045, entitled ``Protection of Children from

Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23,

1997), applies to any rule that the EPA determines (1) is

``economically significant,'' as defined under Executive Order 12866,

and (2) the environmental health or safety risk addressed by the rule

has a disproportionate effect on children. If the regulatory action

meets both criteria, the Agency must evaluate the environmental health

or safety effects of the planned rule on children and explain why the

planned regulation is preferable to other potentially effective and

reasonably feasible alternatives considered by the Agency.

This final rule is not subject to Executive Order 13045 because it

is not an economically significant regulatory action as defined by

Executive Order 12866, and it does not address an environmental health

or safety risk that would have a disproportionate effect on children.

D. Executive Order 13084

Under E.O. 13084, EPA may not issue a regulation that is not

required by statute, that significantly affects or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments. If the mandate is unfunded,

EPA must provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected and other representatives of

Indian tribal governments ``to provide meaningful and timely input in

the development of regulatory policies on matters that significantly or

uniquely affect their communities.'' Today's rule does not

significantly or uniquely affect the communities of Indian tribal

governments. This action does not involve or impose any requirements

that affect Indian Tribes. Accordingly, the requirements of section

3(b) of E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because SIP approvals under

section 110 and subchapter I, part D of the Clean Air Act do not create

any new requirements but simply approve requirements that the State is

already imposing. Therefore, because the Federal SIP approval does not

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of a flexibility analysis would constitute

Federal inquiry into the economic reasonableness of state action. The

Clean Air Act forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. v. U.S. EPA, 427 U.S. 246, 255-66 (1976);

42 U.S.C. 7410(a)(2).

F. Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 1995

(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

annual costs to State, local, or tribal governments in the aggregate;

or to private sector, of $100 million or more. Under Section 205, EPA

must select the most cost-effective and least burdensome alternative

that achieves the objectives of the rule and is consistent with

statutory requirements. Section 203 requires EPA to establish a plan

for informing and advising any small governments that may be

significantly or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated annual costs of

$100 million or more to either State, local, or tribal governments in

the aggregate, or to the private sector. This Federal action approves

pre-existing requirements under State or local law, and imposes no new

requirements. Accordingly, no additional costs to State, local, or

tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. Section 804, however, exempts from section 801 the

following types of rules: rules of particular applicability; rules

relating to agency management or personnel; and rules of agency

organization, procedure, or practice that do not substantially affect

the rights or obligations of non-agency parties. 5 U.S.C. 804(3). EPA

is not required to submit a rule report regarding today's action under

section 801 because this is a rule of particular applicability.

H. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by January 5, 1999. Filing a

petition for reconsideration by the Administrator of this final rule

does

[[Page 59887]]

not affect the finality of this rule for the purposes of judicial

review nor does it extend the time within which a petition for judicial

review may be filed, and shall not postpone the effectiveness of such

rule or action. This action to approve VOC and NOX RACT

determinations for a number of individual sources in Pennsylvania as a

revision to the Commonwealth's SIP may not be challenged later in

proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Nitrogen

dioxide, Ozone, Reporting and recordkeeping requirements.

Dated: October 27, 1998.

Thomas Voltaggio,

Acting Regional Administrator, Region III.

40 CFR part 52 is amended as follows:

PART 52--[AMENDED]

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

2. Section 52.2020 is amended by adding paragraph (c)(136) to read

as follows:

Sec. 52.2020 Identification of plan.

* * * * *

(c) * * *

(136) Revisions to the Pennsylvania Regulations, Chapter 129.91

pertaining to VOC and NOX RACT, submitted on April 20, May

29, and July 24, 1998, by the Pennsylvania Department of Environmental

Protection.

(i) Incorporation by reference.

(A) Three letters submitted by the Pennsylvania Department of

Environmental Protection transmitting source-specific VOC and/or

NOX RACT determinations in the form of plan approvals or

operating permits on the following dates: April 20, May 29, and July

24, 1998.

(B) Plan approvals (PA), Operating permits (OP):

(1) Eldorado Properties Corporation, Northumberland County, OP 49-

0016, effective May 1, 1998; except for the operating permit expiration

date and item (or portions thereof) Nos. 7, 8, 9, and 10 relating to

non-RACT provisions.

(2) Endura Products, Inc., Bucks County, OP 09-0028, effective May

13, 1998; except for the operating permit expiration date and item (or

portions thereof) Nos. 11A and 15 through 21 relating to non-RACT

provisions.

(3) Ford Electronics & Refrigeration Company, Montgomery County, OP

46-0036 , effective April 30, 1998; except for the operating permit

expiration date and item (or portions thereof) Nos. 11 through 18, 20,

and 22 through 26 relating to non-RACT provisions.

(4) H & N Packaging, Inc., Bucks County, OP 09-0038, effective June

8, 1998; except for the operating permit expiration date and item (or

portions thereof) Nos. 4, 7, 8, and 11 through 20 relating to non-RACT

provisions.

(5) Lancaster County Solid Waste Management Authority, Lancaster

County, PA 36-2013, effective June 3, 1998; except for the plan

approval expiration date and item (or portions thereof) Nos. 3 through

9, 11 through 24, 27 through 37, and 39 relating to non-RACT

provisions.

(6) Monsey Products Company, Chester County, OP 15-0031, effective

June 4, 1998; except for the operating permit expiration date and item

(or portions thereof) Nos. 9 through 24 relating to non-RACT

provisions.

(7) Ortho-McNeil Pharmaceutical, Montgomery County, OP 46-0027,

effective June 4, 1998; except for the operating permit expiration date

and item (or portions thereof) Nos. 4, 9, and 13 through 20 relating to

non-RACT provisions.

(8) Piccari Press, Inc, Bucks County, OP 09-0040, effective April

29, 1998; except for the operating permit expiration date and item (or

portions thereof) Nos. 14, 15, 17, and 19 through 22 relating to non-

RACT provisions.

(9) Pierce and Stevens Corporation, Chester County, OP 15-0011,

effective March 27, 1998; except for the operating permit expiration

date and item (or portions thereof) Nos. 11 through 15 relating to non-

RACT provisions.

(10) PQ Corporation, Delaware County, OP 23-0016, effective June

16, 1998; except for the operating permit expiration date and item (or

portions thereof) Nos. 8, 13, and 15 through 19 relating to non-RACT

provisions.

(11) Reynolds Metals Company, Chester County, OP 15-0004, effective

May 8, 1998; except for the operating permit expiration date and item

(or portions thereof) Nos. 4, 5, 14, 15, 17 through 42, and 44 through

48 relating to non-RACT provisions.

(12) Rhone-Poulenc Rorer Pharmaceutical, Inc, Montgomery County, OP

46-0048B, effective April 2, 1998; except for the operating permit

expiration date and item (or portions thereof) Nos. 11 through 42

relating to non-RACT provisions.

(13) Superior Tube Company, Montgomery County, OP 46-0020,

effective April 17, 1998; except for the operating permit expiration

date and item (or portions thereof) Nos. 17 through 25 relating to non-

RACT provisions.

(14) Uniform Tubes Inc., Montgomery County, OP 46-0046A, effective

March 26, 1998; except for the operating permit expiration date and

item (or portions thereof) Nos. 16, 17, and 19 through 24 relating to

non-RACT provisions.

(15) U.S. Air Force--Willow Grove Air Reserve Station, Montgomery

County, OP 46-0072, effective May 1, 1998; except for the operating

permit expiration date and item (or portions thereof) Nos. 11 through

15 relating to non-RACT provisions.

(16) U.S. Navy--Willow Grove Naval Air Station Joint Reserve Base,

Montgomery County, OP 46-0079, effective May 4, 1998; except for the

operating permit expiration date and item (or portions thereof) Nos.

11, 12, 15 through 26, and 28 through 33 relating to non-RACT

provisions.

(ii) Additional Material.

(A) Remainder of the Commonwealth of Pennsylvania's April 20, May

29, and July 24, 1998 submittals VOC and NOX RACT SIP

submittals.

[FR Doc. 98-29656 Filed 11-5-98; 8:45 am]

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